Can the procuratorate find a relationship and not prosecute, Zhihu?

Introduction: The examination and prosecution by the procuratorate is one of the important steps in handling criminal cases. Generally, only when the procuratorate decides to initiate a public prosecution will criminals enter the proceedings and may bear criminal responsibility. In some cases, the procuratorate will decide not to prosecute. Specifically, what are the circumstances in which the procuratorate does not prosecute? For the victims of criminal cases, what should I do if I refuse to accept the decision of the procuratorate not to prosecute? This article will introduce these problems to you one by one.

There are several situations in which the procuratorate does not prosecute.

Examination and prosecution by procuratorial organs is one of the important links in handling criminal cases. Generally, only when the procuratorate decides to initiate a public prosecution will criminals enter the proceedings and bear criminal responsibility. In some cases, the procuratorate will decide not to prosecute. Specifically, what are the circumstances in which the procuratorate does not prosecute? For the victims of criminal cases, what should I do if I refuse to accept the decision of the procuratorate not to prosecute? This article will introduce these problems to you one by one.

First, there are several situations in which the procuratorate does not prosecute.

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime.

China's criminal law divides circumstances into conviction circumstances. If an act has certain social harm, but the circumstances are obviously minor and harmless, it cannot be regarded as a crime. Since it is not a crime, but a general illegal act, the people's procuratorate can certainly not bring a lawsuit and make a decision to prosecute.

(two) the crime has passed the limitation period.

The criminal law stipulates that crimes shall not be prosecuted after the limitation period of prosecution, mainly because criminals are harmless to society and do not need to be investigated for criminal responsibility.

(3) being exempted from punishment by an Amnesty order.

In China, if the National People's Congress Standing Committee (NPCSC) decides to exempt a specific criminal from punishment, the public security organ shall not file a case for investigation, and the procuratorial organ shall not bring a lawsuit to the people's court.

(4) Handling a crime in accordance with the Criminal Law without informing or withdrawing it.

There are four kinds of cases handled by China, namely, the crime of insult and slander, the crime of violent interference in freedom of marriage, the crime of abuse and the crime of embezzlement. These cases mainly involve the rights and interests of individual citizens, such as marriage and reputation. In essence, it is the private right of citizens. Whether to investigate the criminal responsibility of the perpetrators is up to the individual citizens to decide. In these cases, if the victim and other people who have the right to inform do not file a complaint, or withdraw the complaint after filing a complaint, the people's procuratorate will make a non-prosecution treatment according to law.

(5) The criminal suspect or defendant dies.

The death of a criminal suspect or defendant means that there is no object to be investigated for criminal responsibility, and it is of no practical significance to investigate their criminal responsibility. Therefore, there is no need to continue criminal proceedings. Therefore, the people's procuratorate should make a decision not to prosecute and terminate the criminal proceedings.

(6) Other cases that should be exempted from criminal responsibility according to law.

2. Refusing to accept the decision of the procuratorate not to prosecute?

According to the relevant provisions of the Criminal Procedure Law, if the people's procuratorate decides not to prosecute a criminal suspect in a public prosecution case with a victim after examination, it shall serve the decision of not to prosecute on the victim (the victim includes both individual citizens, legal persons or relevant units). Why does the people's procuratorate send a decision not to prosecute to the victim?

Because the criminal suspect's behavior has caused certain harmful results to the victim, in order to enable the victim to better safeguard his legitimate rights and interests, it is necessary to know the handling situation of the people's procuratorate in time, which is also an important measure for the people to supervise the procuratorial organs to examine whether the procuratorial work is legal and fair. If the people's procuratorate decides not to prosecute the criminal suspect, and the victim thinks that the behavior of the non-prosecutor should be investigated for criminal responsibility, and refuses to accept the decision of the people's procuratorate not to prosecute, he may appeal to the people's procuratorate at the next higher level that served the decision of not to prosecute within seven days from the date of receiving the decision of the people's procuratorate, requesting the people's procuratorate to initiate a public prosecution.

After receiving the victim's complaint, the people's procuratorate at the next higher level shall conduct a timely review, make a decision on whether to prosecute or not to prosecute according to the review, and notify the victim of this decision. If the victim still refuses to accept the decision of the people's procuratorate at the next higher level not to prosecute after examination, and thinks that the judicial organ should investigate the criminal responsibility of the non-prosecutor, if the case is a case of infringement of citizens' personal and property rights and the victim has evidence to prove that the criminal suspect should be investigated for criminal responsibility, the victim can directly file a private prosecution with the local people's court. Request the people's court to make a judgment according to law.

If the victim refuses to accept the people's procuratorate's decision not to prosecute, he may also bring a lawsuit directly to the people's court, that is, when the victim has evidence to prove that the non-prosecutor should be investigated for criminal responsibility, and the people's procuratorate decides not to prosecute, if the victim refuses to accept this decision, he may bring a lawsuit directly to the local people's court without appealing to the people's procuratorate at the next higher level. After the victim brings a lawsuit to the people's court and the people's court decides to accept it, the people's procuratorate shall promptly transfer the relevant case materials to the people's court to ensure the smooth trial of the court.

Let's call it a day. In practice, after you encounter criminal persecution and report it to the public security organ, the public security organ transfers it to the procuratorate for examination and prosecution, but if the examination decides not to prosecute, you can appeal to the higher procuratorate or bring a lawsuit directly to the people's court. But at this time, you need to have enough evidence to prove the facts of the crime.